Summons: time limit after accident?

[Usarka]

Had a weee accident back in Feb, received a traffic offence notice but haven't been summoned yet.....

Is there a time limit for any of this? Or do I continue to live with the dread everytime I open the letter box.

Considered calling the cops to see if it'd been lost in case they thought I was a no show, but don't want to draw attention to it in case the answer to above is yes........

Chur.

[sparky.scott]

I just got the notice on Friday that im being charged and this is two months after my accident so dont know about time limits on anything

[p.dath]

Generally it needs to be done within 2 years, or you can ask the judge to have the case dimissed because it has taken too long (12 people officially got off this way last year).

From some experience I have, it can easily take 6 to 9 months.

One case I have been subpeoned for at the moment (to appear as a witness) has taken 15 months.

At your stage, they probably haven't even decided what to do yet.

[Madness]

My understanding is that they (the Po-po) have to file the Information in Court within 6 months of the date of the offence.

Edit: Don't fear the letterbox. Instead, smoke Ganga with the windows open, they generally have to serve a Summons following a TON.

[SixPackBack]

Generally it needs to be done within 2 years, or you can ask the judge to have the case dimissed because it has taken too long (12 people officially got off this way last year).

From some experience I have, it can easily take 6 to 9 months.

One case I have been subpeoned for at the moment (to appear as a witness) has taken 15 months.

At your stage, they probably haven't even decided what to do yet.

Not true. I have yet to appear for a minor speeding ticket 27 months ago. Read the details on the link below

[Usarka]

Edit: Don't fear the letterbox. Instead, smoke Ganga with the windows open, they generally have to serve a Summons following a TON.

I believe one has to "uplift" the summons from the cop shop these days....

[marty]

Generally it needs to be done within 2 years, or you can ask the judge to have the case dimissed because it has taken too long (12 people officially got off this way last year).

From some experience I have, it can easily take 6 to 9 months.

One case I have been subpeoned for at the moment (to appear as a witness) has taken 15 months.

At your stage, they probably haven't even decided what to do yet.

great advice there DP.:second:

there's a few issues here.

1. time limit for the information (charge) to be laid - 6 months.
2. once it's laid, the summons will be attempted to be served pretty quickly (usually within 28 days of being laid). if they can't find you by the second attempt, or it's obvious that the address you gave is no longer/not valid they will seek a 'warrant in lieu of summons' which means you can be arrested when found and delivered either direct to court (if it's open) or to the cells til it is.
3. If you were given a TON, the summons process is probably under way - the decision about you being charged was made when it was issued to you.
4. The time taken for a subpoena for a witness attendance at court has no relevance to this matter.
5. Once the charge is laid, if it doesn't proceed because you can't be located, it is unlikely to be thrown out for delay reasons.

[Madness]

I believe one has to "uplift" the summons from the cop shop these days....

Too true, I forgot that bit. My local Po-po station is open from 9 til 4.40, or something as equally inconvenient. I refused to take time off work to do their lacky work, so finally they dropped it off.

[Gremlin]

When a summons is involved, (well, in my case at least) I was rung, and told of the summons.

Apparently, due to possible distress/image of a police car turning up, they offer you the chance to collect from the local police station for a few days before they attempt to deliver it.

As marty says, the original filing in court has to be done within 6 months of the offence occurring.

[Usarka]

great advice there DP.:second:

there's a few issues here.

1. time limit for the information (charge) to be laid - 6 months.
2. once it's laid, the summons will be attempted to be served pretty quickly (usually within 28 days of being laid).
3. If you were given a TON, the summons process is probably under way - the decision about you being charged was made when it was issued to you.
Thanks Marty,

Do I get confirmation of the charge actually being laid, or is the TON it..? The TON was a couple of months ago - I noticed the words along the lines of "charges are being considered" on the back. I optimistically thought that might have been whether to charge rather than how to charge.....

Bugger, it would have been good to lose my licence while I was in and out of hospital and unable to drive/work/shit etc.

[marty]

ring the court closest to where you were stopped, talk to the criminal section, ask them.

[jaykay]

Not true. I have yet to appear for a minor speeding ticket 27 months ago. Read the details on the link below

Tell me more (can't access the link). The longest wait I'm involved with at present is from Waitangi Day 2007 (not mine). The only one I personally have is a mere eight months old. Both are usual story, hearing requested within correct timescales - police claimed it was received too late - courts have never chased up the Notice of Fine.

[SixPackBack]

Tell me more (can't access the link). The longest wait I'm involved with at present is from Waitangi Day 2007 (not mine). The only one I personally have is a mere eight months old. Both are usual story, hearing requested within correct timescales - police claimed it was received too late - courts have never chased up the Notice of Fine.

http://www.kiwibiker.co.nz/forums/usernote.php?u=2114

That should help.

[YellowDog]

My understanding is that thr Statute of Limitations is six months.

This means that they have six months from the time of the alledged offence to decide wherther to take it further.

The last one of these I got screwed on was six months and one week old. It was backdated to be exactly six months after the alleged 173kph. The six month ban was no fun at all.

[SixPackBack]

My understanding is that thr Statute of Limitations is six months.

This means that they have six months from the time of the alledged offence to decide wherther to take it further.

The last one of these I got screwed on was six months and one week old. It was backdated to be exactly six months after the alleged 173kph. The six month ban was no fun at all.

My understanding is the system is corupt and once the filth point a chicken bone your fucked.
Avoidance is the answer.

[jaykay]

http://www.kiwibiker.co.nz/forums/usernote.php?u=2114

That should help.

Still says I'm not important enough.

Jaykay

[SixPackBack]

Still says I'm not important enough.

Jaykay

In a nutshell it says one of the coppers favourite techniques is to hold a court date without inviting you, if you have proof this has happened you can apply for a re-hearing at your local court. If the date was read out at a previous court date [most likley because the officer concerned did not turn up-another favourite of the Police] and nothing was written down you are fucked.

It also says the system is supprisingly corrupt, and in a nutshell without a great deal of work and lawyer help from you, the court will believe the copper.

[Usarka]

My understanding is that thr Statute of Limitations is six months.

This means that they have six months from the time of the alledged offence to decide wherther to take it further.

The last one of these I got screwed on was six months and one week old. It was backdated to be exactly six months after the alleged 173kph. The six month ban was no fun at all.
Was sort of my understanding too when i wrote the OP.

And no I'm not looking forward to it especially as I've already effectively had a 4 month sentence of pain, boredom and loss of income. Not sure how'll I'll get to work for the 1 month stand down period where you can't get a work license.


In a nutshell it says one of the coppers favourite techniques is to hold a court date without inviting you, if you have proof this has happened you can apply for a re-hearing at your local court.
Thanks for the tip.

I'd better check with the court in case it was him trying to ring one of those times when it was too hard for me to get up and answer the phone.....

[Felicks]

(Apologies for the late post.)

So what happened in the end?? Did a summons come?

I can confirm the 6 month statue of limitations applies but rarely doesn't anything go beyond say 1 - 2 months. If it has, the cop has probably decided not to charge or has forgotten about it. As i mentioned in another thread, the closer you get to 6 months, the better your chances of succeding with a defence of 'undue delay'.

No - you don't have to 'pick up' up summons'. The onus is on Police to serve it on you. But if you are really keen, you could drop by and pick it up.:wacko:

Also remember that you can only be arrested on a Warrant for Failing to Appear at court after a summons has been served, if the offence for which you have been charged can be dealt with by Indictment ie imprisonment. If the penalty is fine only, a warrant cannot be sought.

In those cases, the courts will generally enlarge the date on the Information ie put if off until the Police locate you and serve the summons, but after some months, the matters are usually Withdrawn.